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Bombay Presidency - Section

Section 128A in Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958

128A. [ Special provision for land taken under management by (sic). [Section 128A was inserted by Maharashtra 5 of 1961, s. 18.]

(1)In respect of any land taken under management by a civil, revenue or criminal court,-
(a)where the land was taken under management before the commencement of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958,(Bombay XCIX of 1956) and so such commencement there was a tenant on the land, or
(b)Where the land is taken under management at any time after the commencement of that Act, and any person is tenant thereon on the date of the taking over of the management.
and, if the tenant aforesaid has been evicted (otherwise than on any grounds specified in section 19), then he may within one year from the commencement of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) (Amendment) Act, 1960,(Maharashtra V of 1901) be entitled to apply to the Tahsildar to be placed in possession of the land.
(2)The Tahsildar, after holding an enquiry, restore Possession of such land to the person who applies to him under sub-section (1) and upon such restoration the person shall be deemed to be a tenant for the purposes of this Act:Provided that if there be some other person already in possession as tenant the Tahsildar shall only restore possession of the land after the expiry of that tenancy.
(3)The provisions of this section shall not apply if the land described in class (a) of sub-Section (1) has been sold at any time during the period of management but before the commencement of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) (Amendment) Act, 1960,(Maharashtra V of 1901).] [The second proviso was substituted for the original by Bombay 4 of 1960. s. 18.]